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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tiger Vs Lloyds * WON *


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Hello everyone,

 

 

Would just like to say thank you to everyone who has posted on these boards, has been really helpful and informative.

 

 

Sent off for my statements which I received pretty promptly. After sitting on my prelim letter for a few weeks plucked up the courage and sent it off, received a letter saying they were looking into my complaint, followed by standard dont think so letter ... waited till the 14th day was up and sent off the LBA (thought I had better keep the ball rolling) on 1st August.

 

 

Anyway just saying hello, thank you and letting you know where I am at for now, next installment shall probably be HELP ...

 

Z x

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Good morning,

 

Today received Notice that Acknowledgement of service has been filed on 23 August 2006. The defendant responded to the claim indicating an intention to defend all the claim. Sechiari Clark & Mithcell are the soliciters acting for the defendant.

 

Z

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  • 4 weeks later...

Busy indeed Feralkat lol.

 

Received defence and AQ on Friday 15th September. AQ needs to be returned by 2nd October.

 

Received bank statement today and no charges applied even tho I had a DD bounce, same as last month. Anyone else not had charges applied to account??

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Hi Z,

 

Looks like you've got things under control. Hang in there, won't be long before you get your money back!

 

Thats quite unusual that you have'nt been charged for the last couple of DD bounces. I would'nt have thought it would be anything to do with your refund claim to be honest. That just ain't Lloyds style - they never learn. In fact, its usually the other way around and they become more aggressive if you claim against them. Everyone else has continued to be charged regardless of their refund claims. Perhaps there's some other explaination? Or they may even appear on your next statement.

 

Anyway, good luck, and keep us updated!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

Today received a copy of the allocation questionnaire from S,C,M. They want me to get in touch and let them know Ive received it and they would also like me to send a copy of my AQ to them. They have requested extra time to settle the dispute. Also section D Witnesses they are wanting to call 1 witness to give evidence, anyone else had this on their AQ from them???

Section F, Hearing. They are unable to attend court in October 2006.

 

Z

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Just called S,C,M to confirm receipt of their AQ. Asked why they had requested extra time 'because our client is considering settling' was the response my reply to that was 'And when is that likely to be, this isnt just a stalling tactic is it?' reply ' I cant say when that shall be, but we wouldnt abuse the court system like that' hmmmm lol ok.

 

Z

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Hi Tiger,

I am at the same stage as you are at the moment. I was panicking about the fact that they are calling 1 witness too, maybe its something they put on all of their AQs?! Your last post made me laugh!:)

LTSB -claiming back WON!!!

 

Mint credit card - WON!!!

 

Morgan Stanley credit card - WON!!!

 

LTSB credit card - MCOL issued WON!!

 

Barclaycard - MCOL issued for balance of partial refund 200.00

 

Gorvins Solicitors - WON!!!

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Hi Natsmanc,

 

regarding the 1 witness they intend to call I looked around on here last night and this morning to see if others had been told this but couldnt find anything, the only thread regarding the above which I came across the question had been answered in a PM according to the messages left. Oh well am sure sooner or later we shall find something.

Good luck with your claim.

 

Zoe

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I did a search in the LTSB threads for "witness" and a few cam up so I dont think we have too much to worry about.

Good luck with your claim also

  • Haha 1

LTSB -claiming back WON!!!

 

Mint credit card - WON!!!

 

Morgan Stanley credit card - WON!!!

 

LTSB credit card - MCOL issued WON!!

 

Barclaycard - MCOL issued for balance of partial refund 200.00

 

Gorvins Solicitors - WON!!!

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Yes, they say they intend to call 1 witness on all the A/Q's.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 1 month later...

Called S,C,M this morning asked them when I would be receiving their court docs only to be told 'we shall have to chase up our client you shall receive a letter from us soon probably next week' 'Do you mean your court docs' said I 'uh no' came the reply ... informed the very helpful guy that they would get my court docs early next week and that I was looking forward to seeing them on the 28th.

 

Z

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Excellant stuff. Expect a settlement then - I'm not aware of 1 case yet where they've actually complied with the directions to provide their evidance. Make sure you get all yours off by the date given regardless though.

  • Haha 1

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Gary,

 

Thanks for that. Papers posted off to scm recorded today so shall arrive tomorrow and handed in to the court asked if they had received anything from lloyds, they said no .. surprise surprise .... Wonder just when they shall bother to get in touch tick tock......

 

Zoe

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Just called the court, no papers received from lloyds and I havent had anything ... called scm to ask why only to be told the person dealing with my case Mr Thomas had already left but would be in tomorrow .... now do I bother wasting my time and calling tomorrow or just wait for them to get in touch?

 

Zoe

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Hi Zoe,

 

I'd ring tomorrow if I were you. Remind them that the deadline for exchanging documents has now passed and that they are therefore in breach of an order of the court. Ask if they have any intention of submitting their documents, as you could now apply to strike out their defence. Mind you, they may have even posted the settlement letter already.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hello, hello :D

 

Settlement letter received today offering full amount claimed plus daily interest .... only thing I didnt agree with was the confidentiality clause so crossed that out signed it and sent it back .... now I guess its just a case of waiting for them to transfer money into account or send out another letter.

Gary, thank you so much for your help .. really has been appreciated.

 

Shall update once I hear something.

 

Zoe

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